International law; Natural law; War (International law)
XII. Lastly, a person is not obliged by the law of nature to restore
money, which has been received upon a dishonest account, or for the
performance of a legal act, to which that person was of himself
bound. However it is not without reason that some laws have required
restitution in such cases. The reason of this is, because no one is
bound to part with any thing unless it belongs to another. But here the
property is voluntarily transferred by the first owner.
The case will be altered, if there be any thing iniquitous in the
manner of acquiring the thing; as if, for instance, it be gained
by extortion. This gives rise to the obligation of submitting to
penalties, which is not immediately to the present purpose.
XIII. The present subject may be concluded with a refutation of
Medina's false opinion, that a property in things, belonging to
another, may be transferred without consent of the owner; provided
the things are such as are usually valued by weight, number and
measure. Because things of that nature can be repaid in kind, or by an
equivalent. But this is only, where such a mode of repayment has been
previously agreed upon; or where it is understood to be established by
law or custom; or where the thing itself has been consumed, and cannot
be identically restored. But without such consent, either expressed
or implied, or excepting the impossibility just mentioned, the things
themselves must be restored.
CHAPTER XI.
ON PROMISES.
Opinion, that the obligation to fulfil promises is not enacted
by the law of nature, refuted--A bare assertion not binding--A
promiser bound to fulfil his engagements, though no right to exact
the performance of them, is thereby conveyed to another--What
kind of promise gives such right--The promiser should possess
the right use of reason--Difference between natural and civil
law with respect to minors--Promises made under an error, or
extorted by fear, how far binding--Promises valid, if in the
power of the promiser to perform them--Promise made upon unlawful
considerations, whether binding--Manner of confirming the promises
made by others, and the conduct of Ambassadors who exceed their
instructions, considered--Owners of ships, how far bound by the
acts of the masters of such vessels, and merchants by the acts
of their factors--Acceptance requisite to give validity to a
promise--Promises sometimes revokable--The power of revoking a
promise, explained by distinctions--Burdensome conditions annexed
to a promise--Means of confirming invalid promises--Natural
obligation arising from engagements made for others.
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